MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS LEIF M. CLARK, Bankruptcy Judge. CAME ON for hearing the foregoing matter. On December 22, 2010, this court heard argument on Faustino Flores' ("Flores") Objection to Plaintiff's Notice of Intention to Take Oral Deposition and Motion to Quash Subpoena Duces Tecum [Docket No. 39] as well as the Trustee's response to the above-referenced motion and the Trustee's Motion to Compel...
Memorandum Decision and Order on Motion to Exclude Witnesses and Evidence LEIF M. CLARK, Bankruptcy Judge. Came on for consideration the foregoing matter. Defendant moves to exclude certain witnesses and evidence for failure to make appropriate disclosures under Rule 26. Plaintiff counters that it either made adequate disclosures, or that the failures were harmless, or that excluding evidence would be highly prejudicial. For the reasons stated herein, the court grants the motion in part and...
Memorandum Decision and Order on Emergency Motion to Seal Summary Judgment Exhibits and Remove Them from PACER LEIF M. CLARK, Bankruptcy Judge. Came on to be heard the Plaintiff's Emergency Motion to Seal Summary Judgment Exhibits and Remove Them from PACER. The court heard the arguments of counsel and considered evidence. This memorandum decision and order constitutes the court's findings and conclusions, and its order thereon. Factual Background Faucett is a former employee of Wyndham. In...
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO QUASH NOTICE OF RULE 2004 EXAMINATION CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered the Motion to Quash filed on behalf of Segal McCambridge, Singer & Mahoney, Ltd. (docket # 56), the Objection to Notice of Rule 2004 Exam and Motion to Quash Rule 2004 filed on behalf of Creditor HowryBreen, LLP (docket #57), and the Response to the motions filed on behalf of Creditor David Fernea (docket #80). Terry C. Bounds ("Debtor")...
MEMORANDUM OPINION REGARDING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered on March 10, 2010, the Defendants' Pleadings, the Plaintiff's Response thereto, and the Defendants' Reply. For the reasons stated herein, the Motion is GRANTED. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157(a)(1) and 1334. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) (matters concerning administration...
DECISION AND ORDER GRANTING OBJECTIONS TO (1) TNT CRANE & RIGGING, INC.'S MOTION TO INTERVENE AND (2) SMITH INTERNATIONAL, INC. & WOOD GROUP LOGGING SERVICES, INC.'S JOINT MOTION TO INTERVENE LEIF M. CLARK, Bankruptcy Judge. Came on for consideration the foregoing matters. Smith International, Inc. and Wood Group Logging Services, Inc. seek to intervene in this adversary proceeding. The defendants in this action filed an objection to that intervention. The adversary proceeding was filed by...
MEMORANDUM OPINION AND ORDER GRANTING OBJECTION TO EXEMPTIONS CRAIG A. GARGOTTA, Bankruptcy Judge. On this date came on to be considered the above-styled and numbered Chapter 7 case. Lisa M. Arrendondo-Smith ("Debtor") filed her Chapter 7 petition on October 27, 2009, claiming the homestead exemption under California state law. Austin Hi-Tech Restoration, Inc. ("AHR") objected to these exemptions, noting that the Debtor has lived in more than one state and residence during the 730 day...
